Imagine someone walking a dog across a Brooklyn crosswalk, the dog is sadly struct and killed by a car. While leashed and walking with its owner. But only to have the law insist that the owner's grief is worth no more than the price of a pup.
That was the absurdity until Justice Aaron Maslow’s recent decision (handed down on 17 June 2025) that dogs are not “things,” they are family.
Have you ever seen a dog owner weep? It is the kind of grief that splits the soul. That’s not property loss. That’s family loss. Have you seen a dog put its life at stake to save its owner? That's love. That’s loyalty. That’s family. That not a ‘thing'.
And finally, the law agrees.
- In DeBlase v. Hill, a dachshund named Duke was struck and killed.
- Historically, New York law treated pets as property, limiting damages to market value.
- Justice Maslow extended the “zone of danger” doctrine—traditionally reserved for human relatives—to include dogs, allowing emotional distress damages for witnessing Duke’s death.
Why This Matters
- Legal shift: Dogs can now be recognized as immediate family members in wrongful death/emotional distress claims.
- Societal reflection: The ruling acknowledges what most households already know—pets are kin, not commodities.
- Precedent potential: Though limited to cases of leashed dogs struck by cars, it opens the door for broader recognition of pets in custody, trusts, and injury law.
Beyond New York’s ruling, Colombia has explicitly recognized dogs as family members in court, and more broadly, 32 countries including Austria, Germany, France, Switzerland, the UK, Australia, and New Zealand have legally recognized animal sentience—a foundation for treating pets as more than property. These frameworks don’t always call dogs “family” outright, but they elevate their legal status and welfare protections in ways that move toward family recognition.
Closing
This decision isn’t just about Duke—it’s about dismantling outdated legal fictions. When the law finally catches up to the leash, it admits what every dog owner already knows: family comes with fur.
The ruling doesn’t just honor Duke—it exposes the absurdity of a system that needed a judge to declare the obvious. Dogs are family.
As I read Justice Maslow’s ruling, I couldn’t help but think of Moose, my Bernese mountain dog. She doesn’t know she can legally be family—but she already assumed it.
So my message to the judges out there:
Honourable Judges,
I invite you to join the chorus. Recognize that when a dog leaps onto the sofa, he is not trespassing on property—he is exercising his right to family life. When a Labrador licks away tears, she is not “damaging” your face—she is providing emotional support services.
Let us retire the outdated doctrine that pets are furniture with fur. Instead, let us embrace the jurisprudence of paw prints:
• In Colombia, dogs already rank as sons and daughters.
• In New York, they now qualify for emotional damages.
• In Europe, animal sentience is enshrined in law.
The world is watching. The kennel is ready. The precedent is wagging its tail.
So, dear judges, fetch justice. Sit with compassion. Stay with progress. And roll over the old property law.
Signed,
A grateful dog owner, with Moose the Bernese as co‑counsel
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